5.2—Why is the Treasury Department issuing these regulations and what do they cover?
(a) Scope.
This part provides procedures for the collection of
Treasury debts. This part also provides procedures for collection of other debts
owed to the United States when a request for offset of a Treasury payment is
received by the Treasury Department from another agency (for example, when a
Treasury Department employee owes a debt to the United States Department of
Education).
(b) Applicability.
(1)
This part applies to the Treasury Department
when collecting a Treasury debt, to persons who owe Treasury debts, and to Federal
agencies requesting offset of a payment issued by the Treasury
Department as a payment agency (including salary payments to Treasury Department
employees).
(2)
This part does not apply to tax debts nor to any debt for which there is an
indication of fraud or misrepresentation, as described in § 900.3 of the FCCS,
unless the debt is returned by the Department of Justice to the Treasury Department
for handling.
(3)
This part does not apply to the Financial Management Service when acting on
behalf of other Federal agencies and states to collect delinquent debt referred to
the Financial Management Service for collection action as required or authorized by
Federal law. See 31 CFR part 285.
(4)
Nothing in this part precludes collection or disposition of any debt under
statutes and regulations other than those described in this part. See, for
example,
5 U.S.C. 5705, Advancements and Deductions, which authorizes Treasury
entities to recover travel advances by offset of up to 100% of a Federal employee's
accrued pay. See, also,
5 U.S.C. 4108, governing the collection of
training expenses. To the extent that the provisions of laws, other regulations, and
Treasury Department enforcement policies differ from the provisions of this part,
those provisions of law, other regulations, and Treasury Department enforcement
policies apply to the remission or mitigation of fines, penalties, and forfeitures,
and debts arising under the tariff laws of the United States, rather than the
provisions of this part.
(c) Additional policies and procedures.
Treasury entities may, but
are not required to, promulgate additional policies and procedures consistent with
this part, the FCCS, and other applicable Federal law, policies, and procedures.
(d) Duplication not required.
Nothing in this part requires a
Treasury entity to duplicate notices or administrative proceedings required by
contract, this part, or other laws or regulations.
(e) Use of multiple collection remedies allowed.
Treasury entities
and other Federal agencies may simultaneously use multiple collection remedies to
collect a debt, except as prohibited by law. This part is intended to promote
aggressive debt collection, using for each debt all available collection remedies.
These remedies are not listed in any prescribed order to provide Treasury entities
with flexibility in determining which remedies will be most efficient in collecting
the particular debt.